Transcription
Saddle Hills County & MD of Fairview No. 136Intermunicipal Collaboration FrameworkAgreementJune 20190
Table of Contents1.Introduction . 22.Definitions . 23.Term and Review. 24.Intermunicipal Cooperation . 25.Service Delivery . 36.Services Inventory . 37.Land Use . 88.Collaboration Process . 89.Indemnity . 910.Binding Dispute Resolution Process . 911.General . 912.Correspondence . 913.Authorizations. 10APPENDICES . 11Appendix A: Model Dispute Resolution Provisions Schedule .11Saddle Hills County & MD of Fairview No. 136 ICF – June 20191
1. Introduction1.1 It is recognized that Saddle Hills County & MD of Fairview No. 136 share a common border,share common interests and are desirous of collaborating to provide services to theirresidents and ratepayers.1.2 Furthermore, the Municipal Government Act requires that municipalities that have acommon boundary must create a framework with one another that identifies the servicesprovided on an intermunicipal basis, how they will be delivered, who will lead the deliveryof the service(s), how the funding arrangements for these services will occur, and identifythe timeframe for implementation of those services provided on an intermunicipal basis.1.3 In this respect, the Parties agree as follows:2. Definitions2.1 In this Agreementa. “Committee” – means Intermunicipal Collaboration Committee as defined inSection 4 of this Agreement.b. “Service Agreement” – means a legally binding agreement that is signed by bothParties. E.g. a contract, memorandum of agreement, or memorandum ofunderstanding.c. “Expiry Date” – means the date that this Agreement expires which is five years fromthe date of passage of matching ICF Bylaws.d. “Parties” – means the Saddle Hills County and MD of Fairview No. 136.e. “Term of the Agreement” – means five years from passage of matching ICF Bylaws.3. Term and Review3.1 In accordance with the Municipal Government Act, this Intermunicipal CollaborationFramework shall constitute an Agreement between the Parties and shall come into forceand effect on the final passing of matching bylaws by both Parties.3.2 This Framework may be amended by mutual consent of both Parties. Amendments to thisAgreement shall come into force on the passing of matching resolutions by both Parties andshall be added as an Addendum to this Agreement.3.3 It is agreed by the Parties they shall meet at least once during the Term of the Agreementcommencing no later than 180 days before the Expiry Date of this Agreement.3.4 It is further agreed that upon request by either Party, the Committee shall also meet.4. Intermunicipal Cooperation4.1 The Parties agree to create a recommending body known as the IntermunicipalCollaboration Committee (hereinafter referred to as the Committee).4.2 The Committee shall meet on an as required basis and will develop recommendations tothe Councils on all matters of strategic direction and cooperation affecting the residentsand ratepayers of both Parties.4.3 The Committee shall consist of four (4) elected members (two from each Party).4.4 The CAO’s will be responsible to develop agendas and recommendations on all matters.CAO’s will be responsible for forwarding all recommendations from the Committee to theirrespective Councils.Saddle Hills County & MD of Fairview No. 136 ICF – June 20192
4.5 Further to Article 3.4 of this Agreement, either Party by giving at least 30 days notice maytrigger the requirement for the Committee to hold a meeting. Meeting requests shall bedirected to the CAO for the respective municipality.5. Service Delivery5.1 When one Party desires to enter into a new joint servicing arrangement, a ServiceAgreement shall be required to be developed on that specific service.5.2 When developing Service Agreements for each Council’s consideration, the Committee shalldiscuss and clearly identify which municipality will lead service delivery for the service(s)and determine the appropriate funding model for the service(s) being discussed.5.3 All future Service Agreements shall set out a process for discontinuing the service providedif one or both Parties wish to discontinue in the service delivery.5.4 All future Service Agreements shall set out a timeframe for the delivery of the service(s)being discussed including the start and end date for the agreement.6. Services Inventory6.1 Both Parties have reviewed the services offered to residents and ratepayers. Based uponthe review it has been determined that each Party will continue to provide the followingservices to their residents and ratepayers independently unless otherwise specified:a. Saddle Hills CountyTransportation Services Road MaintenanceRoad ConstructionWater and Wastewater Services Water Treatment Plants & Distribution SystemsLagoonsWastewater Collection & TreatmentSolid Waste Services Recycling CollectionWaste Transfer StationsEmergency Services Fire ServicesRecreation Services CampgroundsParksPlaygroundsSaddle Hills County & MD of Fairview No. 136 ICF – June 20193
Other Services Administration (Finance, Payroll, Human Resources, Procurement)Agricultural ServicesAssessment ServicesBylaw Enforcement ServicesCommunicationsCommunity Peace OfficersEconomic DevelopmentFacilities MaintenanceFamily and Community Support Services (FCSS)Fleet MaintenanceGIS ServicesIT/Data ManagementLand Use Planning (Permitting, Subdivisions)Legislative ServicesPest ControlRisk ManagementSafety Codes (Fire Discipline)Weed Controlb. MD of Fairview No. 136Transportation Services Road and Bridge MaintenanceRoad ConstructionGravel SalesWater and Wastewater Services Water Treatment Plants & Distribution SystemsLagoonsWastewater Collection & TreatmentSolid Waste Services n/aEmergency Services Fire ServicesDisaster Emergency ManagementSaddle Hills County & MD of Fairview No. 136 ICF – June 20194
Cemeteries Cemetery ConstructionCemetery MaintenanceCemetery OperationsAirport ConstructionMaintenanceOperationsAviation Fuel SalesRecreation Services CampgroundDay-Use Picnic AreaParksPlaygroundsOther Services Administration (Finance, Payroll, Human Resources, Procurement)Agricultural ServicesBylaw Enforcement ServicesEconomic DevelopmentFacilities MaintenanceFleet MaintenanceIT/Data ManagementLand Use Planning (Permitting)Legislative ServicesPest ControlRisk ManagementWeed Control6.2 The Parties also have distinct municipal services provided by a Third Party:a. Saddle Hills CountyTransportation Services n/aWater and Wastewater Services n/aSaddle Hills County & MD of Fairview No. 136 ICF – June 20195
Solid Waste Services Waste Bins Services - Central Peace Regional Waste ManagementCommissionLandfill – County of Grande Prairie, Clairmont Landfill AgreementEmergency Services Vehicle Extraction and Medical First Responders Services (select areas) Central Peace Fire/Rescue CommissionMutual Aid Agreement – Central Peace Fire/Rescue CommissionEmergency Fire Dispatch Services Agreement - City of Grande PrairieMutual Aid Fire Agreement – County of Grande Prairie No. 1Gundy Rural Fire Protection Agreement – Tomslake & District Volunteer FireDepartment, BCMutual Aid Fire Control Agreement – Alberta Environment and ParksRecreation Services Recreation Facilities – Agricultural SocietiesOther Services Cemeteries – various private contractorsLibrary Services – Library BoardLibrary Services – Peace Library SystemFamily Community Support Services – non-profit SocietiesAnimal Control (Hamlet of Woking) – County of Grande PrairieRegional Enforcement Services – Use of Occurrences Software, County ofGrande PrairiePest Control (beaver dam blasting services agreement) – County of GrandePrairieb. MD of Fairview No. 136Transportation Services RoadData/TRAVIS - Over Weight Vehicle Permitting ServicesWater and Wastewater Services Fairview Rural Water CoopSolid Waste Services Prairie Disposals Ltd. (hamlet refuse and recycle pickup and rural bins)Prairie Disposals Ltd.– Recycle BinsSaddle Hills County & MD of Fairview No. 136 ICF – June 20196
North Peace Regional Landfill CommissionEmergency Services Emergency Fire Response (Fairview & District Volunteer Fire Department)Vehicle Extraction and Medical First Responders Services (Fairview & DistrictVolunteer Fire DepartmentMutual Aid Agreements (including Fire)– Clear Hills County, Town ofFairview, MD of Peace #135, Village of Rycroft, MD of Spirit RiverEmergency Fire Dispatch Services Agreement - City of Grande PrairieLand-Use Planning and Development Subdivisions – Mackenzie Municipal Services AssociationGIS/Mapping Services – Mackenzie Municipal Services AgencyLand-Use and Planning Services – Mackenzie Municipal Services AssociationSubdivision and Development Appeal Board – Peace Regional Subdivisionand Development Appeal BoardRecreation Services Recreation Facilities - Agricultural SocietiesRecreation Facilities - Town of FairviewRecreation Facilities - Community OrganizationsOther Services Library Services – Fairview Joint Public Library BoardLibrary Services – Peace Library SystemsFamily Community Support ServicesAnimal Control – Hamlets of Bluesky & Whitelaw and Rural AreaAnimal Control – Animal Impound FacilityRural Crime Watch – Community OrganizationRoad Side SprayingAgricultural Research Farm – Peace Country Beef and Forage Assn.Alberta Environmentally Sustainable Agriculture (AESA) Program – PeaceCountry Beef and Forage AssociationAssessment ServicesIT/Data ManagementMutual Aid Fire Control Agreement – Alberta Environment and Parks6.3 The Parties have worked collaboratively in the past with the following agreements toservice residents and ratepayers of both municipalities. It is further acknowledged theParties have reviewed the existing agreements and have determined that these are themost appropriate municipal services to be delivered in a shared manner.a. Emergency Services - Mutual Aid AgreementSaddle Hills County & MD of Fairview No. 136 ICF – June 20197
Saddle Hills County and MD of Fairview No. 136 have agreed to provideemergency services assistance and resources when requested by the otherParty through the terms of the Memorandum of Agreement betweenCentral Peace/Fairview – Regional Emergency Management Mutual AidAgreement The requesting Party shall compensate the other Party at those ratesdetermined from time to time by both Parties. Term of the Agreement: Ongoingb. Emergency Services - Northwest Alberta Emergency Resource Agreement (Multiplesignatories) The purpose of this agreement is to provide the ability for signatories toaccess needed resources to mitigate or support emergency responseinitiatives from sources outside predetermined mutual aid agreements. The supplying Party providing assistance and/or equipment shall becompensated at those agreed upon standard rates that are approved fromtime to time by each Party. Term of the Agreement: July 2016 – no Expiry Date.6.4 Both Parties acknowledge and agree that they may from time to time provide financialassistance to not for profit organizations functioning outside their jurisdictional boundaries.6.5 Both Parties acknowledge they are members of not for profit organizations deliveringservices for the benefit of their residents and ratepayers. 7. Land Use7.1 Section 631 (1.1) of the Municipal Government Act, R.S.A. 2000, Chapter M-26, states: “theMinister may, by order, exempt one or more councils from the requirement to adopt anintermunicipal development plan”. Pursuant to the provisions of Ministerial OrderMSL:047/18 and a letter dated January 17, 2019 from the Deputy Minister stating that bothParties have “met the requirements for an IDP exemption” the Parties hereto are no longerrequired to complete an IDP.7.2 Matters of a land use and development nature impacting either Party shall be guided bypolicies set out in their respective Municipal Development Plans and/or other statutoryplans.8. Collaboration Process8.1 Either Party may initiate the development of a new capital project and/or new service itdeems to be critical or essential and that may be beneficial to both Parties. Prior tosubmitting a formal written notice for a new cost-sharing agreement, the initiating Party’sCAO will consult and seek informal support from the other Party’s CAO.8.2 Once either municipality has received written notice of a new capital project or newservice, an Intermunicipal Collaboration Committee meeting must be held within 30 days ofthe date the written notice was received, unless both CAO’s agree otherwise.8.3 The Intermunicipal Collaboration Committee will be the forum used to address and developfuture Service Agreements and/or cost sharing arrangements.Saddle Hills County & MD of Fairview No. 136 ICF – June 20198
8.4 Both Parties recognize that the decision to participate in or not participate in aproject/arrangement ultimately lies with the respective municipal councils.9. Indemnity9.1 Saddle Hills County shall indemnify and hold harmless MD of Fairview No. 136, itsemployees and agents from all claims, actions and costs whatsoever that may arise directlyor indirectly out of any act or omission of Saddle Hills County, its employees or agents inthe performance of this Agreement.9.2 MD of Fairview No. 136 shall indemnify and hold harmless Saddle Hills County, itsemployees and agents from all claims, actions and costs whatsoever that may arise directlyor indirectly out of any act or omission of MD of Fairview No. 136, its employees or agentsin the performance of this Agreement.10. Binding Dispute Resolution Process10.1 Both Parties agree to adopt the model dispute resolution provisions as set out in theSchedule attached to the ICF Regulation.10.2 Both Parties agree to abide by the Duty to Act in Good Faith provisions contained in theICF Regulation.11. General11.1 Headings in this Agreement are for reference purposes only.11.2 Words in the masculine gender will include the feminine gender whenever the contextso requires and vice versa.11.3 Words in the singular shall include the plural or vice versa whenever the contestrequires.11.4 This Agreement may be executed in any number of counterparts, each of which whenexecuted and delivered shall constitute a duplicate original, but all counterpartstogether shall constitute a single agreement.11.5 Should any provisions of this Agreement become invalid, void, illegal or otherwiseunenforceable, it shall be considered separate and severable from the agreement andthe remainder shall remain in force and be binding as though such provisions had notbeen invalid.12. Correspondence12.1 Written notice under this Agreement shall be addressed as follows:a. In the case of Saddle Hills County to:Saddle Hills Countyc/o Chief Administrative Officer79177 Range Road 84Spirit River, AB T0H 3G0b. In the case of MD of Fairview No. 136 to:MD of Fairview No. 136Saddle Hills County & MD of Fairview No. 136 ICF – June 20199
APPENDICESAppendix A: Model Dispute Resolution Provisions ScheduleSaddle Hills County & MD of Fairview No. 136 ICF – June 201911
Model Dispute Resolution Provisions Schedule1. Definitions1.1 In this Schedule,a. “Initiating Party” means a party who gives notice under section 2 of this Schedule;b. “Mediation” means a process involving a neutral person as a mediator who assiststhe parties to a matter and any other person brought in with the agreement of theparties to reach their own mutually acceptable settlement of the matter bystructuring negotiations, facilitating communication and identifying the issues andinterests of the parties;c. “Mediator” means the person or persons appointed to facilitate by mediation theresolution of a dispute between the parties.2. Notice of dispute2.1 When a party believes there is a dispute under a framework and wishes to engage indispute resolution, the party must give written notice of the matters under dispute to theother parties.3. Negotiation3.1 Within 14 days after the notice is given under section 2 of this Schedule, each party mustappoint a representative to participate in one or more meetings, in person or by electronicmeans, to attempt to negotiate a resolution of the dispute.4. Mediation4.1 If the dispute cannot be resolved through negotiations, the representatives must appoint amediator to attempt to resolve the dispute by mediation.4.2 The initiating party must provide the mediator with an outline of the dispute and anyagreed statement of facts.4.3 The parties must give the mediator access to all records, documents and information thatthe mediator may reasonably request.4.4 The parties must meet with the mediator at such reasonable times as may be required andmust, through the intervention of the mediator, negotiate in good faith to resolve theirdispute.4.5 All proceedings involving a mediator are without prejudice, and, unless the parties agreeotherwise, the cost of the mediator must be shared equally between the parties.5. Report5.1 If the dispute has not been resolved within 6 months after the notice is given under section2 of this Schedule, the initiating party must, within 21 days, prepare and provide to theother parties a report.Saddle Hills County & MD of Fairview No. 136 ICF – June 201912
5.2 Without limiting the generality of subsection 5.1, the report must contain a list of thematters agreed on and those on which there is no agreement between the parties.5.3 Despite subsection 5.1, the initiating party may prepare a report under subsection 5.1before the 6 months have elapsed ifa. the parties agree, orb. the parties are not able to appoint a mediator under section 4 of this Schedule.6. Appointment of arbitrator6.1 Within 14 days of a report being provided under section 5 of this Schedule, therepresentatives must appoint an arbitrator and the initiating party must provide thearbitrator with a copy of the report.6.2 If the representatives cannot agree on an arbitrator, the initiating party must forward acopy of the report referred to in section 5 of this Schedule to the Minister with a request tothe Minister to appoint an arbitrator.6.3 In appointing an arbitrator under subsection 6.2, the Minister may place any conditions onthe arbitration process as the Minister deems necessary.7. Arbitration process7.1 Where arbitration is used to resolve a dispute, the arbitration and arbitrator’s powers,duties, functions, practices and procedures shall be the same as those in Division 3 of Part17.2 of the Municipal Government Act and Part 1 of the Intermunicipal CollaborationFramework Regulation (AR 191/2017).7.2 In addition to the arbitrator’s powers under subsection 7.1, the arbitrator may do thefollowing:a. require an amendment to a framework;b. require a party to cease any activity that is inconsistent with the framework;c. provide for how a party’s bylaws must be amended to be consistent with theframework;d. award any costs, fees and disbursements incurred in respect of the disputeresolution process and who bears those costs.8. Deadline for resolving dispute8.1 The arbitrator must resolve the dispute within one year from the date the notice of disputeis given under section 2 of this Schedule.8.2 If an arbitrator does not resolve the dispute within the time described in subsection 8.1, theMinister may grant an extension of time or appoint a replacement arbitrator on such termsand conditions that the Minister considers appropriate.9. Arbitrator’s order9.1 Unless the parties resolve the disputed issues during the arbitration, the arbitrator mustmake an order as soon as possible after the conclusion of the arbitration proceedings.9.2 The arbitrator’s order mustSaddle Hills County & MD of Fairview No. 136 ICF – June 201913
a.b.c.d.e.be in writing,be signed and dated,state the reasons on which it is based,include the timelines for the implementation of the order, andspecify all expenditures incurred in the arbitration process for payment undersection 708.41 of the Act.9.3 The arbitrator must provide a copy of the order to each party.9.4 If an order of the arbitrator under section 9.2 is silent as to costs, a party may apply to thearbitrator within 30 days of receiving the order for a separate order respecting costs.10. Costs of arbitrator10.1 Subject to an order of the arbitrator or an agreement by the parties, the costs of anarbitrator under this Schedule must be paid on a proportional basis by the municipalitiesthat are to be parties to the framework as set out in subsection 10.2.10.2 Each municipality’s proportion of the costs must be determined by dividing the amount ofthat municipality’s equalized assessment by the sum of the equalized assessments of all ofthe municipalities’ equalized assessments as set out in the most recent equalizedassessment.Saddle Hills County & MD of Fairview No. 136 ICF – June 201914
Animal Control (Hamlet of Woking) - County of Grande Prairie Regional Enforcement Services - Use of Occurrences Software, County of Grande Prairie Pest Control (beaver dam blasting services agreement) - County of Grande Prairie b. MD of Fairview No. 136 Transportation Services RoadData/TRAVIS - Over Weight Vehicle Permitting .
